Senate Bill S2233

                                 BILL NUMBER:  S2233

 TITLE OF BILL :  An act to amend the education law, in relation to
reimbursement for studies for districts subject to reorganization

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation provides that reorganization aid afforded to school
districts upon merger, consolidation, or annexation under Education
Law § 3602(14) include reimbursement for expenses incurred on behalf
of districts relating to any study required by the State Education
Department for the purposes of approving a reorganization of the
school district.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 provides that districts be reimbursed for actual expenses
incurred relating to any study required by the department for purposes
of approving a reorganization, which is defined as "any merger,
consolidation, or annexation eligible for aid" under Education Law §
3602(14).

Section 2 establishes the effective date.

 JUSTIFICATION :

              

Currently, if two or more school district's boards of education agree
that reorganization may have potential benefit for their respective
districts, a comprehensive feasibility study is undertaken to develop
information relating to how the reorganized district(s) would operate.
Such a study is often required by the State Education Department prior
to issuing formal orders which permit the districts to proceed legally
through the reorganization process.

Education Law § 3602(14) sets out the reorganization aid currently
provided by New York State to districts upon merger or consolidation,
but the law does not include language that would reimburse districts
for the cost of related feasibility studies that all or nearly all
districts would have required.  It is incumbent that this legislation
be enacted, so that school districts are neither burdened with the
costs of these feasibility studies, nor be deterred from pursuing
merger or consolidation due to the costs associated.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

Unknown

 EFFECTIVE DATE :
This act shall take effect immediately; with exceptions. provided,
however, that if upon such effective date, an appropriation to the
education department shall not have been made for reimbursement of
school districts and boards of cooperative educational services for
the purposes of implementing the provisions of subdivision 14-a of
section 3602 of the education law, as added by section one of this
act, then this act shall take effect on the forty-fifth day after such
an appropriation is made, and provided, further, that the division of
the budget shall notify the legislative bill drafting commission upon
enactment whether such an appropriation has been made, and if such
appropriation shall not have been made on or before such date, the
division of the budget shall notify the legislative bill drafting
commission upon the date such an appropriation shall have been made,
in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of
New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.